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Received Overtime Parking Ticket in CA on Mall Property with Disabled Placard

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mileena

Junior Member
What is the name of your state (only U.S. law)? CA

Hi, In CA, according to Vehicle Code Section 22511.5, if you have a handicapped placard, you can park:

https://www.dmv.ca.gov/pubs/vctop/d11/vc22511_5.htm

"(B) In any parking zone that is restricted as to the length of time parking is permitted as indicated by a sign erected pursuant to a local ordinance. "

This means you can park in a time-limited space for as long you want, subject to other local ordinances, such as no parking for street cleaning.

So I displayed my handicapped placard and parked in a private shopping center in Northern California where they have a 15-minute limit parking outside of the gates to their private parking garage. You can park longer in the garage, but for a fee, since there are meters. But I didn't want to pay, so I parked in the 15-minute parking outside of the gate.

I parked there for 45 minutes and received a ticket for $30 from a private parking company for overtime parking. Is this ticket valid?

I notice that the car next to me which had been there longer than mine and was still there when I left, had no ticket. They also had a handicapped placard displayed. I think they had it in for me since I have been parking there once a week for 2-3 hours at a time for the past few months with no ticket ever.

Thanks!
 
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mileena

Junior Member
Thanks, but I want to make sure I know the law for a fact before I call them. I am also going to call the local PD non-emergency line there for their opinion.
 

Zigner

Senior Member, Non-Attorney
I don't understand what kind of ticket you were actually issued. Your placard does not allow you to park on private property in violation of the posted rules.
 

mileena

Junior Member
Actually there are some shopping plazas on private property where the local police issue tickets and where official governmental parking signs ar posted. In my case, I was issued a private citation by a private parking company that goes to a collection agency in 30 days if not paid.
 

CikanVuz

Junior Member
Now, I worked in LE and issued parking tickets on private property. The only citations we could issue are disabled parking violations, and fire lane/hydrant violations, on private property. IF you have a valid state issued disabled placard, you are exempt from timed/metered parking.

CA Disabled Parking: Authorized Parking Zones

"VC22511.5. (a) (1) A disabled person or disabled veteran displaying special license plates issued under Section 5007 or a distinguishing placard issued under Section 22511.55 or 22511.59 is allowed to park for unlimited periods in any of the following zones:

(A) In any restricted zone described in paragraph (5) of subdivision (a) of Section 21458 or on streets upon which preferential parking privileges and height limits have been given pursuant to Section 22507.

(B) In any parking zone that is restricted as to the length of time parking is permitted as indicated by a sign erected pursuant to a local ordinance.

(2) A disabled person or disabled veteran is allowed to park in any metered parking space without being required to pay parking meter fees.

(3) This subdivision does not apply to a zone for which state law or ordinance absolutely prohibits stopping, parking, or standing of all vehicles, or which the law or ordinance reserves for special types of vehicles, or to the parking of a vehicle that is involved in the operation of a street vending business.

(b) A disabled person or disabled veteran is allowed to park a motor vehicle displaying a special disabled person license plate or placard issued by a foreign jurisdiction with the same parking privileges authorized in this code for any motor vehicle displaying a special license plate or a distinguishing placard issued by the Department of Motor Vehicles. "

A "private security company" is still bound to the laws of the state. Send in a dispute and a copy of your placard, as anyone with a placard but forgets to place it plain view or accidentally receives a parking ticket would do. Also file a consumer complaint with the SAG office and the LE agency in your area. (LE = Law Enforcement)
 

CdwJava

Senior Member
You were issued a parking cite by a "private" company? On private property? So, it was NOT by a government agency?

If this is not a parking ticket issued by a government agency or their contractor, then it's entirely a civil matter between the property management company and you.
 

mileena

Junior Member
Thanks so much cikan viz for replying. I will do what you say. I did contact the parking company this morning, called impark or Imperial Parking (http://www.impark.com/). They were all Indian at the call center (both the rep and her supervisor) and said my disabled placard did not apply on private property. They were adamant in not dismissing the citation, but did offer to reduce it to $25 if paid within a few days.

I also called the local PD. I think I got a woman police officer who didn't know much. She said since it was a private ticket I had to contact the company who issued it. She didn't know if the CVC applied and didn't sound very knowledgeable.

I guess if the CVC applies to shopping mall property as well as public property, then I have a leg to stand on. But it looks like I have a fight on my hands and this may go on my credit report, since I am not paying the "debt". I guess small claims court is an option. Or I may contact the mall as well, since they contract with impark.
 

mileena

Junior Member
And even if I am in the wrong, the company still should have dismissed the ticket, from a customer service standpoint. Especially since there was a genuine misunderstanding here, I was never given a warning first, and don't have previous tickets. Now they will occur more administrative costs while we try to settle this, and they may have to go to court possibly, spending more time and money. With me, I don't care, as I have all day to spend arguing this, as I don't work and am disabled.
 

mileena

Junior Member
my long reply to CikanViz thanking him and offering more info somehow was chosen for moderation, and is not appearing, despite my post after it posting right away. ugh. i hope it shows up.
 

CdwJava

Senior Member
And even if I am in the wrong, the company still should have dismissed the ticket, from a customer service standpoint.
Why?

Especially since there was a genuine misunderstanding here, I was never given a warning first, and don't have previous tickets.
A private company on a private lot with no way of knowing if your vehicle has ever been given a parking ticket before is in no position to evaluate your parking history. Sure, they could give a warning ... but, if they give you a warning, who would they give tickets to since they have no way of knowing about past indiscretions ... unless you would only count indiscretions on their property.

Now they will occur more administrative costs while we try to settle this, and they may have to go to court possibly, spending more time and money. With me, I don't care, as I have all day to spend arguing this, as I don't work and am disabled.
If it is a private agency on private property they may spend nothing trying to collect. If you don't pay, they may simply write it off.
 

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